The two made their way into court Tuesday where Smith is charged with child pornography and sex felonies.

Smith and one of his former teammates, 19-year-old Thomas Carey of Moorhead, are both accused of having sex with the female, videotaping it, then sending it to other people.

Authorities say it happened at a Moorhead hotel in February when Smith and Carey were in town for a hockey game.

Carey made his initial appearance earlier this month where his lawyer argued the law is not intended to be used for something like this…

And Tuesday, Smith's defense attorney couldn't agree more.

Joseph Friedberg- Smith’s Defense Attorney: “The statute just wasn't designed for this. The statute was designed for those people who possess and disseminate pictures of sex with little children, things that most of us can't look at and still sleep.”

Tuesday, a judge did release Smith on his own recognizance, as long as he promised to not have any contact with the victim.

Lawyers say prosecutors are talking about trying to join both Smith and Carey's cases, but for now, Smith's next court date is slated for October 6th, and Carey's August 11th.

Kay Cooley came to WDAY 6 News in September of 2012. She was born in a suburb of Chicago then made her home in Hershey, PA.
Kay graduated from Northwestern University, where she received her bachelor’s degree in journalism. At Northwestern, Kay was a member of the Division I Women’s Swim Team and a reporter for the Northwestern News Network on campus. Before coming to WDAY, Kay was working for KVRR in Fargo and interned at ABC27 in Harrisburg, PA.
When she’s not out in the field reporting, Kay enjoys being active and spending time with friends and family.
If you have story ideas, questions or just want to say hello, feel free to email Kay at kcooley@wday.com.